District Court chief instructs Maryland judges to impose 'least onerous conditions' on bail

Maryland's chief district court judge has issued "cautionary advice" for the court's judges and commissioners on setting bail, following an opinion by Attorney General Brian Frosh that said the state's system of holding defendants in jail because they can't afford to pay cash bail likely would be found unconstitutional.

The letter was sent by District Court Chief Judge John P. Morrissey last week, and instructs judges to impose the "least onerous" conditions on a defendant if the judge determines there are no conditions to release that person on their own recognizance.

"Financial conditions are not an appropriate way of assuring public safety and should not be imposed for the purpose of assuring the detention of the defendant," Morrissey wrote.

On Oct. 11, Frosh sent a letter to five House of Delegates members who sought his opinion, saying judges and court commissioners must take into account the accused's ability to pay before setting bail. He said that if bail is out of reach for a defendant, the courts would find that unlawful.

Read more: http://www.baltimoresun.com/news/maryland/crime/bs-md-bail-letter-district-court-20161031-story.html